88R4430 BDP-F
By: Campos H.B. No. 1499
A BILL TO BE ENTITLED
AN ACT
relating to the duties of court-appointed guardians ad litem,
attorneys ad litem, and amicus attorneys in certain suits affecting
the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 107.002(b) and (i), Family Code, are
amended to read as follows:
(b) A guardian ad litem appointed for the child under this
chapter shall:
(1) not later than the seventh business day [within a
reasonable time] after the date of the appointment, interview:
(A) the child in a developmentally appropriate
manner, if the child is four years of age or older;
(B) each person who has significant knowledge of
the child's history and condition, including educators, child
welfare service providers, and any foster parent of the child; and
(C) the parties to the suit;
(2) seek to elicit in a developmentally appropriate
manner the child's expressed objectives;
(3) consider the child's expressed objectives without
being bound by those objectives;
(4) encourage settlement and the use of alternative
forms of dispute resolution; and
(5) perform any specific task directed by the court.
(i) A guardian ad litem appointed to represent a child in
the managing conservatorship of the Department of Family and
Protective Services shall, at least 72 hours before each scheduled
hearing under Chapter 263, determine whether the child's
educational needs and goals have been identified and addressed.
SECTION 2. Section 107.003(a), Family Code, is amended to
read as follows:
(a) An attorney ad litem appointed to represent a child or
an amicus attorney appointed to assist the court:
(1) shall:
(A) subject to Rules 4.02, 4.03, and 4.04, Texas
Disciplinary Rules of Professional Conduct, and not later than the
seventh business day [within a reasonable time] after the date of
the appointment, interview:
(i) the child in a developmentally
appropriate manner, if the child is four years of age or older;
(ii) each person who has significant
knowledge of the child's history and condition, including any
foster parent of the child; and
(iii) the parties to the suit;
(B) seek to elicit in a developmentally
appropriate manner the child's expressed objectives of
representation;
(C) consider the impact on the child in
formulating the attorney's presentation of the child's expressed
objectives of representation to the court;
(D) investigate the facts of the case to the
extent the attorney considers appropriate;
(E) obtain and review copies of relevant records
relating to the child as provided by Section 107.006;
(F) participate in the conduct of the litigation
to the same extent as an attorney for a party;
(G) take any action consistent with the child's
interests that the attorney considers necessary to expedite the
proceedings;
(H) encourage settlement and the use of
alternative forms of dispute resolution; and
(I) review and sign, or decline to sign, a
proposed or agreed order affecting the child;
(2) must be trained in child advocacy or have
experience determined by the court to be equivalent to that
training; and
(3) is entitled to:
(A) request clarification from the court if the
role of the attorney is ambiguous;
(B) request a hearing or trial on the merits;
(C) consent or refuse to consent to an interview
of the child by another attorney;
(D) receive a copy of each pleading or other
paper filed with the court;
(E) receive notice of each hearing in the suit;
(F) participate in any case staffing concerning
the child conducted by the Department of Family and Protective
Services; and
(G) attend all legal proceedings in the suit.
SECTION 3. Sections 107.004(d-1), (d-2), and (d-3), Family
Code, are amended to read as follows:
(d-1) A meeting required by Subsection (d) must take place:
(1) at least 72 hours [a sufficient time] before the
hearing to allow the attorney ad litem to prepare for the hearing in
accordance with the child's expressed objectives of
representation; and
(2) in a private setting that allows for confidential
communications between the attorney ad litem and the child or
individual with whom the child ordinarily resides, as applicable.
(d-2) An attorney ad litem appointed to represent a child in
the managing conservatorship of the Department of Family and
Protective Services or a child who is the subject of a proceeding
under Chapter 264 shall, at least 72 hours before each scheduled
hearing under Chapter 263 or 264, determine whether the child's
educational needs and goals have been identified and addressed.
(d-3) An attorney ad litem appointed to represent a child in
the managing conservatorship of the Department of Family and
Protective Services or a child who is the subject of a proceeding
under Chapter 264 shall, at least once each month, [periodically
continue to] review the child's safety and well-being, including
any effects of trauma to the child, and take appropriate action,
including requesting a review hearing when necessary to address an
issue of concern.
SECTION 4. Section 107.011(a), Family Code, is amended to
read as follows:
(a) Except as otherwise provided by this subchapter, in a
suit filed by a governmental entity seeking termination of the
parent-child relationship or the appointment of a conservator for a
child, the court shall appoint a guardian ad litem to represent the
best interests of the child immediately after the filing of the
petition but not later than 72 hours before the full adversary
hearing.
SECTION 5. Section 107.012, Family Code, is amended to read
as follows:
Sec. 107.012. MANDATORY APPOINTMENT OF ATTORNEY AD LITEM
FOR CHILD. In a suit filed by a governmental entity requesting
termination of the parent-child relationship or to be named
conservator of a child, the court shall appoint an attorney ad litem
to represent the interests of the child immediately after the
filing, but not later than 72 hours before the full adversary
hearing, to ensure adequate representation of the child.
SECTION 6. Section 107.0131(a), Family Code, is amended to
read as follows:
(a) An attorney ad litem appointed under Section 107.013 to
represent the interests of a parent:
(1) shall:
(A) subject to Rules 4.02, 4.03, and 4.04, Texas
Disciplinary Rules of Professional Conduct, and not later than the
seventh business day [within a reasonable time] after the date of
the appointment, interview:
(i) the parent, unless the parent's
location is unknown;
(ii) each person who has significant
knowledge of the case; and
(iii) the parties to the suit;
(B) investigate the facts of the case;
(C) to ensure competent representation at
hearings, mediations, pretrial matters, and the trial on the
merits:
(i) obtain and review copies of all court
files in the suit during the attorney ad litem's course of
representation; and
(ii) when necessary, conduct formal
discovery under the Texas Rules of Civil Procedure or the discovery
control plan;
(D) take any action consistent with the parent's
interests that the attorney ad litem considers necessary to
expedite the proceedings;
(E) encourage settlement and the use of
alternative forms of dispute resolution;
(F) review and sign, or decline to sign, a
proposed or agreed order affecting the parent;
(G) meet with the parent at least 72 hours before
each court hearing [with the parent], unless the court:
(i) finds at that hearing that the attorney
ad litem has shown good cause why the attorney ad litem's compliance
is not feasible; or
(ii) on a showing of good cause, authorizes
the attorney ad litem to comply by conferring with the parent, as
appropriate, by telephone or video conference;
(H) abide by the parent's objectives for
representation;
(I) become familiar with the American Bar
Association's standards of practice for attorneys who represent
parents in abuse and neglect cases; and
(J) complete at least three hours of continuing
legal education relating to representing parents in child
protection cases as described by Subsection (b) as soon as
practicable after the attorney ad litem is appointed, unless the
court finds that the attorney ad litem has experience equivalent to
that education; and
(2) is entitled to:
(A) request clarification from the court if the
role of the attorney ad litem is ambiguous;
(B) request a hearing or trial on the merits;
(C) consent or refuse to consent to an interview
of the parent by another attorney;
(D) receive a copy of each pleading or other
paper filed with the court;
(E) receive notice of each hearing in the suit;
(F) participate in any case staffing conducted by
the Department of Family and Protective Services in which the
parent is invited to participate, including, as appropriate, a case
staffing to develop a family plan of service, a family group
conference, a permanency conference, a mediation, a case staffing
to plan for the discharge and return of the child to the parent, and
any other case staffing that the department determines would be
appropriate for the parent to attend, but excluding any internal
department staffing or staffing between the department and the
department's legal representative; and
(G) attend all legal proceedings in the suit.
SECTION 7. The changes in law made by this Act apply only to
a suit affecting the parent-child relationship filed on or after
the effective date of this Act. A suit affecting the parent-child
relationship filed before that date is governed by the law in effect
on the date the suit was filed, and that law is continued in effect
for that purpose.
SECTION 8. This Act takes effect September 1, 2023.